If that is the point of view, if that is the attitude, then article 15A cannot be much of a remedy. The present situation is certainly most obnoxious. We know of instances in every Province where people’s liberties are taken away. I will give a most poignant instance which should make every Member of the House sit up, and think. Two M.L.As. who were in Congress for eighteen years, who were elected on the Congress ticket, were detained by an order of the Bombay Government which is a Congress Government. One of them was released after a period of eleven months without being told at any time what the charges against him were, without there being any trial, without conviction; when his health was about to break down the Government was pleased to release him. The second M.L.A. is still in jail; he has not been tried, he has never been told what the allegation against him is, what offence he has committed; and to add insult to injury he has been told that because he has not attended the Legislative Assembly for a certain minimum period at laid down by the law, he ceases to be an M.L.A. of that Province. A person has been prevented from attending the Assembly because of an act of the Government and that has been made as a ground for ousting him from the membership of the Legislative Assembly. That I think is the height of disrespect for law. If that is the respect for law that we have, if that is the sort of administration that is going on in the Provinces and we are not to look into it or question their propriety, I do not think any provision in the Fundamental Rights would be of any use to us.
